[Congressional Record Volume 146, Number 17 (Wednesday, February 23, 2000)]
[Senate]
[Page S745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CLELAND:
  S. 2088. A bill to amend the Clean Air Act and titles 23 and 49, 
United States Code, to provide for continued authorization of funding 
of transportation projects after a lapse in transportation conformity; 
to the Committee on Environment and Public Works.


                     the road back to clean air act

 Mr. CLELAND. Mr. President, I am pleased to rise today to 
introduce the ``Road Back to Clean Air Act''. Georgia has one of the 
fastest growth rates in the nation, specifically in the Metropolitan 
Atlanta area. Although this growth is welcomed and encouraged as an 
economic boom for the region, two of the results created by this growth 
have been traffic congestion and air pollution. Unfortunately, as we 
embark into a new millennium with all of its great possibilities, what 
is most noted about Metro Atlanta is the severe transportation problems 
of the region. A recent survey found that Atlanta had the very worst 
traffic congestion of any Southern city, and Metro Atlanta drivers have 
the longest average vehicle miles traveled in the nation--an average of 
34 miles per day. All of this costs our economy $1.5 billion a year in 
wasted time and fuel. And, this congestion has been accompanied by 
significant environmental problems.

  To make matters even worse for the State and Metro Atlanta, the 
ability of the area to correct this problem is complicated and 
constrained for two reasons. First, Metro Atlanta is designated a 
``serious'' non-attainment area under the Clean Air Act. Second, Metro 
Atlanta has been in a conformity lapse since January 17, 1998. Each of 
these designations restricts the ability of the Metro area to implement 
new transportation projects, thus hindering the economic growth and 
quality of life in the region.
  In addition, in March of last year, the D.C. District Court of 
Appeals effectively ruled that Metro Atlanta's 61 ``grand-fathered'' 
transportation projects were illegal because they were not in 
conformity with clean air requirements, thus calling into question some 
$1 billion worth of such construction projects. Fortunately, on June 
21, 1999, an out-of-court settlement was reached in Atlanta relating to 
a similar lawsuit filed by The Georgia Conservancy, the Sierra Club, 
and Georgians for Transportation Choices. These groups indicated that 
they did not file the suit to kill road projects, but rather to bring 
attention to the need for regional planning, air quality improvement, 
and transportation alternatives. The settlement allowed 17 of the 61 
road projects to move forward while declaring the remaining 44 
ineligible.
  I must express my sincerest appreciation to Transportation Secretary 
Slater whose personal intervention and commitment made this settlement 
agreement possible. This was very positive news which has allowed Metro 
Atlanta to finally begin to move forward with its 17 approved projects 
and to re-direct its surplus funds toward transportation alternatives 
which will help reduce traffic congestion and improve air quality. In 
fact, as a result of the settlement, Atlanta is soon expected to submit 
its Regional Transportation Plan (RTP) which not only embodies a new 
focus on more regional planning and transportation alternatives, but 
also includes most, if not all, of the grand-fathered projects which 
were halted. The difference here of course is that these grand-fathered 
projects are now incorporated into a more comprehensive long-range 
transportation plan which takes into account Atlanta's clean air 
problems. This is a win-win situation for Metro Atlanta.
  However, this is a serious, serious problem and is in large measure a 
product of the very economic success which has made, year after year, 
Metro Atlanta one of the fastest growing areas of the country. Because 
the problem has been building over many years, the planners in Metro 
Atlanta understand that a solution will not occur overnight. However, 
Atlanta's experience has highlighted the need for providing local 
planners with additional flexibility during a conformity lapse. It is 
this experience that has led me to introduce the Road Back to Clean Air 
Act.
  The purpose of the Road Back to Clean Air Act is to assist 
metropolitan areas, such as Atlanta, which are facing severe 
transportation problems that are complicated by time-consuming, 
inflexible constraints.
  First, the Road Back to Clean Air Act codifies the Environmental 
Protection Agency (EPA) and U.S. Department of Transportation (DOT) 
guidance put forward as a result of the D.C. District Court decision. 
The Atlanta situation has demonstrated that these guidelines can allow 
transportation projects to move forward while ensuring that local 
residents are protected from the negative health effects of dirty air.
  Second, the bill provides local planners with additional flexibility 
to obtain federal funding for beneficial transportation projects during 
a conformity lapse. Among other projects which could move forward 
during such a lapse would be public transit and high occupancy vehicle 
lanes.
  The main benefit of this legislation is that it provides 
transportation planners in cities across the country with additional 
flexibility in meeting their transportation goals while preserving the 
health benefits of clean air. Additionally, it has the endorsement of 
numerous environmental groups, including the plaintiffs in the D.C. 
District Court case. Therefore, costly litigation that can only delay 
Atlanta's, and other areas, good faith efforts to alleviate traffic 
congestion and improve air quality will be avoided should this 
legislation be enacted into law.
  Beyond Atlanta, other metropolitan areas in the United States are 
currently or will in the future face the constraints of non-conformity 
and non-attainment as they attempt to develop and implement their 
transportation plans. I believe the Road Back to Clean Air Act will 
provide these cities with the flexibility to move forward with vital 
transportation projects while at the same time maintaining the 
integrity of the Clean Air Act.
  I thank my colleagues for their attention and I urge your co-
sponsorship of this important legislation.

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